Employer Liability Issues, Employees, Appellate Courts

Fourth Circuit Reminds Employees of Their Obligation to Engage in the ADA’s Interactive Process

Ballard Spahr LLP on 9/3/2025

The Fourth Circuit recently reminded employees of their shared obligation to participate in the interactive process with their employer when requesting a reasonable accommodation under the Americans with Disabilities Act...more

Seventh Circuit Decision Clarifies Standards for FLSA Overtime Cases

DarrowEverett LLP on 2/27/2025

The Seventh Circuit Court of Appeals recently clarified the evidentiary bar for employees bringing Fair Labor Standards Act (FLSA) overtime claims, requiring employees to provide specific, detailed evidence of their work...more

California Court Finds No Procedural Burden Shifting Without Allegations of Protected Discrimination

Shook, Hardy & Bacon L.L.P. on 1/10/2025

A California appellate court recently held that a burden shifting process did not apply to an employment discrimination claim where the plaintiff had not alleged discrimination on the basis of race. Quesada v. County of Los...more

Indiana Appellate Court Rules Medical Company’s Non-Compete with Chief Operating Officer Overbroad and Unenforceable

Sheppard Mullin Richter & Hampton LLP on 12/11/2024

An Indiana appellate court recently declined to enforce an executive’s non-compete on the grounds that the covenant’s activity restriction was overbroad. In Med-1 Solutions, LLC v. Taylor (Opinion 24A-PL-450, November 25,...more

Developments In Equal Pay Litigation: Appellate Courts Refuse To Clarify Proper Use Of A “One-Comparator Rule”

Seyfarth Shaw LLP on 5/22/2024

Seyfarth Synopsis: One issue that has consistently divided the federal courts is whether an equal pay plaintiff can establish a prima faciecase of wage discrimination by pointing to a single comparator of the opposite sex who...more

Littler Lightbulb – April Employment Appellate Roundup

Littler on 5/2/2023

This Littler Lightbulb highlights some of the more significant employment and labor law developments at the U.S. Supreme Court and federal courts of appeal over the last month. ...more

You Can’t Put the Trial Cart Before the Certification Horse in FLSA Hybrid Wage-and-Hour Case; Circuit Court Rejects Trial Court’s...

Bradley Arant Boult Cummings LLP on 10/19/2021

When a company faces a Fair Labor Standards Act (FLSA) collective action there are two main components to address: (1)You Can’t Put the Trial Cart Before the Certification Horse in FLSA Hybrid Wage-and-Hour Case; Circuit...more

California Employers Must Pay Meal & Rest Break Premiums at a Higher Rate

McDermott Will & Schulte on 7/19/2021

On July 15, 2021, the Supreme Court of California issued a long-awaited decision in Ferra v. Loews Hollywood Hotel, LLC. The Court reversed the trial and appellate court holdings and concluded that California employers must...more

Halloween Party Turns Scary for State in New Court Decision: Appellate Court Says Employer May Be Held Liable for Off-Duty,...

Bass, Berry & Sims PLC on 3/26/2021

Can an employer be held liable for sexual misconduct at a private party that takes place after an employer-sponsored holiday party? A recent Tennessee Court of Appeals case appears to say “yes” and thereby presents a new...more

Employees Cannot Obtain “Double Recovery” of Unpaid Wages and Premiums for Non-Compliant Rest Breaks

Sheppard Mullin Richter & Hampton LLP on 10/26/2020

In Alfredo Sanchez v. Miguel Martinez, the Court of Appeal, Third Appellate District, held that although an employee who is not authorized and permitted to take a paid 10-minute rest break in compliance with California law...more

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